




Jff 



F 566 
.B89 
Copy 1 



SPEECHES 



MESSRS. BUCHANAN AND BENTON, 



BILL TO .\DMIT THE STATE OF MICHIGAN INTO THE UNION. 



<,'\ 



Delivered in the Senate, January 3, 1837. 



Mr. BUCHANAN rose and said- 
Mr. President: Judg'ing trom the remarks of the 
Senuiorfrcm South Carol. na, (Mi-. Calhoun,) this 
would seem tube a question big with the fate of 
the constitution and the country. According to 
him, the adoption of tiie preamble to the bill ad- 
mitting Mcliigan into the Union, as it was report- 
ed by the Commiltee on the Judiciary, would en- 
tail upon us evils as numeious and . is deadly as 
those c<)niained«in Pandora's box, whilst hops 
would not even remain. After depicting in me- 
lancholy colors the crtiel destiny of our country, 
should this precedent be established, he conchides 
by saying that in such an event, this Government 
would become "one of the most odious and despo- 
tic Goveriuiients that ever e.'dsted on the face of 
the earth " 

I presume it is attributable to my colder tempe- 
fam^nt that 1 feel none of these terrors. In my 
opinio • they spring altogether .^rom the Senator's 
ardent imaginution and creative genius. Since I 
came in o public liff, 1 liave known t!:e country to 
be ruined at least twenty t'nii's, in the opinion of 
gen'Um n; yet it would s^eem that the more we 
are thuii iu:i.' d, the more we fiourish. Experi- 
ence has ;ai:ght me to pay little attention to these 
doleful p: edict ions. 

Thebesta.swer which can be given to the Se- 
' iiator is to come at once t>) the question. To 
state it, in its pi iln and simple character, will at 
once dissipate tvery fear, lis decision will be at- 
tended with but little difficulty, because it in- 
volves no new principles; and as to its importance 
as a precedent, we shall probably never hear of it 
ag;ain, after the admission of Michigan into the 
Union. 

What then is the question? Onthissuhjeclour 
inenRorics would setm to be strangely iii fault. 
"We cannot recollect from one session to the other. 
I wish to recall the attention of Senators to the 



fact. It was deemed of great importarine at the 
last session to obtain the consent of Miciiigan to 
the settlement of the boundary between iicr and 
Ohio. To accomplish this purpose was then of so 
much consequonce, in our opinion, that we offered 
to Michigan a large territory on her noithein 
boundary, as a compensation for what she should 
yield to Ohio on the south ; ^nd we m^de her ac- 
ceptance Of' this oflT'^r a Condition precedent of her 
a'Jmission into the Union. We then believed, and 
I still believe, that this was the only mode of set- 
tling for ever the disputed boundary between Ohio 
and Michiijan, which has already involved us in 
so many difficulties, threatening bloodshed and 
civil war on that frontier. ! his was then deemed 
the only mode of obtaining an absolute relinqn'sh- 
ment of all claim, on the part of the people of 
Michigan, to the territory in dispu'e with Ohio, 
[t became my duty at the last session to investigate 
this subject thorougidy? and I had many confe- 
rences upon it with the then chairman of the Judi- 
ciary Committee, (Mr Clayton) — a man of as clear a 
head, and w^ honest a heart, as ever adorned this 
chamber. 1 am happy to state, that, alihongh we 
concurred in opinion that Michigan had no right to 
this territory, under the compact of J 787, yet we 
also believed that the onh mode of putting the 
question at rest for ever, was to obtain her own 
solemn recognition of the right of Oh o. For 
this very purpose, the third section was inserted 
in the act of the last session, dedari'sg, " 1 jiat as 
?. compliance with the fundamental condition of 
admiss-ion" into the Union, the boundaries of the 
Sta'c of Michigan, as we then estubiished tl-iem, 
'•shall receive the assent of a convention of dele- 
gates elected by the people of faid State, for the 
sole piH'pose of giving the afsent herein required.'* 
Shall we now, after Michigan has given this 
a??''ent, in the terms prescribed, release her from 
his obligation? Shall we now strike out the 



preamble, by which we recognifie the validity and 
bin^i np effect of the assent given by the last con- 
venti )n of delegates; and tliiis throw the boun'lary 
question again open? Shall ue undo all v/e litve 
done w ilh so nnuch cm-e at the* last session, and 
admit MieiugHn into tiif- Union, as thongli we 
had never recptired from her any assent to this 
ccnditoi ? 1 irust not. And here permit me 
to express my a.'tonishment that the Senators 
frctn Oiiio should both advocate this course. I 
have no right to jndge for them; but it does feem 
to rnQthey are w iUing to aban.'on the only security 
which r, e h.'ive ai^'idnst a repetition of the scenes 
whicli wfi have already witnessed on the frontiers 
of Ohio ;uid Michigan. 

To show that my fears are not vain, let me pre- 
sent the state in which t!;is question will be 
placed, in case wft do not adopt the preamble. 
I think I may assert, with perfect safety, that there 
are ninety-nine citizens of Michigan out of every 
hundred, who firmly believe th;it the ordinance 
of 1787, fixes iirevorably tiie southern boundarv 
of th-it S^ate. If this were ita correct construc- 
tion, it will not be denied by any, that no human 
po^.er can change it, without the consent of the 
people of Michigan. This ordinance, which is 
confirmed by the constitution of the United States, 
to use its oun 1 Miguage, is a compact between the 
'original States and the people and States in the 
said territory, and must forever remain unalteralde, 
unless by common consent. Hence the vast im- 
portance of" obtaining tiie consent of Michigan to 
the proposed change in her boundaiy. The lan- 
guage ottie ordinance under which she ckims the 
disputed ten itory ia as follows: "provided, how- 
ever, and it is further undar.«itood and declared, 
thnt the boundaries of these three States (Ohio, 
Jndiana, and Uhnois) shall be subject so far to be 
f.KTred, that, if Ccmgre^s shall hereaft-r find it 
expedient, ihey shall have unthorili/ lo fiirni nne. or 
hco States in that part of the said territory which 
iuH north of an aast and west line drawn through 
the southerly benrf or extreme of Lake Michii^an." 
Michigan cntends lh;it Congress, hiving deter- 
mined to form two Slates north of this line, the 
ordinance makes it ine.vocab'y her southei'n 
boundary. Some of the most distinguished men 
in the country, we know, are of this opinion. Can 
any Senat(;r, therefore, b' lieve for a moment that 
if we now leave tliis question unsettled, that it 
will ntvrr be tried by Mic'-igan? Can we believe 
that she will acquiesce in a decision of Congress, 
which a vast majority of her people believe to 
haxe bei n unjosl' Release her from the assent 
which she has given to the s<ttl-menl of this ques- 
tion, «i>d then it rem lins as open as it ever was. 
The poiiif, tlien, to be decided, is, whether the 
crdiiiaiice does fi.\ h< r soiitharn boundary or not 
Adinllti g it did, it is manifest that the act of Con- 
gress repealing it, and giving (he territory in dis- 
pute to Ohio, would he a violation of its provi- 
sions, and l!;us become a dead letter. \ es, sir, 
the c.>:is lit of iiichigan is al! important to ti)e 
peace asid (juiet of the Union; and now when we 
have obtained it, shall we cast it away by n jecting 
this p!t amble? That is the question which I shall 
(\\-,\v pr.;ceed to dis"u?s. 

Wh-v then, .siu^uld we reject this preamble, 



which will for ever terminate the dispute between 
these two States.' Because, says the Senator from 
South Carolina, (Mr. Cafioun,) this convention of 
delegates f lecled by the people o!' Michg^p, was 
not authorized by a previous act oftluir Suito Le- 
j^isL'.turc; and, the;-efore, their pr(jce<.dii gs are a 
ntdl.iy. It is rcvoiutinnavy — it is dangerous in 
itself to our rights and liberties; atil s;ill mar« 
dai'gerous as a precedent for luture cases If this 
be true, the people of Michigan are ai a mo.st un- 
fortunate position. At the last session ofCon- 
gicss, if we had attempted to insert in ihe bill a 
provision to make a previous act (;f the legisla- 
ture neccfisary, it would then have been c-pposed 
as n '-evolutionary nieasuri.-. It would \.^.\'e Leen 
drrnonstrated by Senators that the Legislature of 
Michigan was an unauthorised assembly, povsessing 
no Ici-vitimate powers; that it was a body which we 
had never recognised; and therefore, w:; could re- 
fer nothins-^to it* decision. In m:tking tiic:"=e asser- 
tions, I speak from the record. It appears from 
the j jurnals, that on the 25tii January 1 ist, thes 
Vice ''resident communicated to the Senat;^ "the 
memorial of the Senate and House of Ifeprtsenta- 
tives of the State of Michig'an," on tiie subject of 
their right to be admitted into the Union. On the 
motion of Mr. Hendricks, this memorial was refer- 
red, accompsnied by a declaration "that the Senate 
regard the same in no other light tiiun as the volun- 
tary act of private individuals." Mr. Uugglea 
m(Aed to strike out this declaration; and on the 
aye?, and noes, his motion was rejected by a vote 
of 30 to 12. Thus the Senate then soK n:n!y de- 
termined that the Leg slature of .Michigao was a 
m^ere assemb'y of private individu-i's, an ! yet novY 
we arc told by the Senator from Soudi (Jarolina 
(Mr. Calhoun) that because th s very Legia- 
latnre did not pass an act to authorize the 
holding of the Convention, all its [>raceed- 
iiigs are void and r volutionary. How will he re- 
concile this inconsistency. Truly tiie people 
of Michigan ate in a deplorable condition. 
They cannot avoid the whirlpool of Scyll a without 
being engulfed in Charybdis. At the List ses- 
sion their Legislature was a mere lav/ less assembly; 
but now t'; ey are so omnipotent that the sovereign 
people of the State cannot elect delegates to a 
convention without their {irevioiisauth;rity. Let 
us proceed one step farther with our evidence 
from the record. The bill for ti:e ainnssion of 
Michigan into the Union, when first i-eported by 
the comtTiittee, provided that the assei.t to the 
boundaries of tlie State, required by the third sec- 
tion, should be given by their Senator.s and llepre- 
sentatives in Congress, and by ;1k- Legii.h «re of 
the St:ite. I spi^ak from memory, but I feel con- 
fident I am correct. It would have heeii i vain 
task toattempt to support this provision in ilie face 
of the \ ote of the Senat- to wjiich I h^ive re.crred. 
What, s r, ref-r to a body whom we had solemnly 
declared was composed merely of private individu- 
als, the question of assent to a condition tor the 
purpose of bindintj the sove tigo peoj)lo of Michi- 
gan! This would have been as absiir;! as it was 
inconsistent. We should th'n'fiave he- a t ddthat 
there e-asno luyde of escaping tiiis <ii(ti.-uUy but 
by at once dispensing witli every i:iur.ri,tdiate 
agency, and referring the question direcij^ to the 



original source of power, the people of Michig'an, 
in thtir "primary capacity. Tliis was done; and 
that too by an unanimous vote of the Senate- On 
the 1st April last, Mr. Wnj>-iit m:)ve.'l to strike out 
the provisi":) to which I have referred, and lo insert 
in its stead, liiat the asiient required should be 
given (jy " a Convention of Delej^ates elected by 
the people of liie said State, for the sole purpose 
of giving- the assent herein require<l " Kverj' 
Senator then in his place voted for tiiis amendment; 
and by his vote decd./d tliat it v, as proper to svib- 
mit the question to delegates elected by the peo- 
■" -^jle in then- primary cap.icity. It was tluis unam- 
^. mously incorporated into the law. 

How docs the Senator irom South Carollnfi, ( Mr. 
^ Calhoun) now attempt to evade the force of this ar- 
^ gument? He cannot contend thvit the act of Con- 
i,» gress refers to any action ot the Slate Legisliture 
iOas being necessary to t!ie call of this Convfn.tion. 
<*i If he did, the s<ct itself would stare him full in the 
face. 

[Mr. CALHOUN here explained. He suid he 
would not htre argue the qu'^sti m whether Con- 
gress meant to make a p:evious act of the Stiite 
Lepislattire necessary: but, if it did not, the act 
of Congress would itself be unconsfitutional; be- 
cause we had recognised Michigan as a State, and 
Congress have no right to call a. convention in a 
State.] 

Mr. BUCHANAN resumed. I did not misun- 
derstand the Senator. He contended tijat the act 
of Corgi-css calling such a convention w.-is un- 
constitutioiial; and to establish his proposition, he 
said that C<»ngre<s, under the federjl constitution, 
could oiily call a convention, upon the application 
of the L- [i.sLilures of two-thirds of the several 
States 

Does the Senator mean »e:io)is)_y to contend that 
the mere proposition nude by Congress to the 
people of Michi;,an, for ihe purpos ; o( obtaining 
their consesit to a change of boundary, is a con- 
vention caded under the authoiit)- of Congress 
within a Slate? Such an argument would be 
a perversion of terms. If you make propo- 
sitions to any foreign Power, and suggest that 
their v.iHi!ignes3 to accept them m^y be as- 
eertained by a convention of delega'.es elect- 
ed by t!ie people; how can this be construed 
into a convtntiiin called by your own sovereign 
authority? No, sir: this v/as a mere ofter on the 
partof il-e Government of i-'c Uttited States to 
make a !>t;ga-n with the people of Michigan. It 
presupposes a perfect equality, in this respect, 
•between t 'e partes. They h.id the same right 
to refuse hit we had to ofler. They may vol. in- 
tarily co;i^^•i,t to your terms, ;is they have done in 
this cas , and lb n it becomes a contract which 
cannot at erward:* be violated: but if tl'.ey had 
dlsstntcd, J:e n.goti.ition '>ou!dhave been at an 
end. This is what the Senator den >mina!es a 
convention cdlcd by Oongres-s v, itiun tlit; limits 
of the St;it > ot Michigan. S.irely no further a;-- 
gument, cs this point of the casf, can be n ces- 
sary. 

Cong-es-; might hrtve prop.osed to Michi.fan that 
the que.:r:',)n should b.- dscivU d at th-.« polls, by a 
vote of lisr: peo()le. It v/a^ b tier, ho.vever, to 
submit it to a convention of delegates, because 



they could deliberate. This was, emphatically, 
to be the act of the people in their sovereign capa- 
city. It w;is a q lestion whether they should be 
receiver! as a member into our gre '.t family of na- 
tions, upon the terms which we hud proposed. It 
was to be t"«,e e.*tabiis!n"neiit of new political rela- 
tions oC the most iin-yortanl character, affecting 
them and their chi!di\.n 'or many c;f::.eiatioi s. It 
was a que'-tion over which, un'ici- thel" own con- 
>titution, their servant.--, the iv'.crubers of th.e Le- 
gislature, had no control. To what oth'-r t)-ibu- 
nal could we so proper'y have referred thu ques- 
tion, jiS to that of a convention of delegates elected 
by the people^ 

There can, then, be no objection to the net of 
Congress, unless it be thai J^the people are not 
competent, in the very nature of things, to give 
the assent required, wi'hout the intervention of 
the Lesrisliitnre. But this would be to condemn 
the conduct < f our ancestors. It would be at war 
with tlie most gioriou.s events of our own liLstory. 
Besidi s, th;; very conduct of «^he people of Michi- 
g-.n, upon this occasion, disprovt-s ih^ position. 
J'here was no tumidtuous and hwless ris n.t^ up of 
the people against a settled form of G wt rnmint, 
as one m'ght suppose, judging fi-om the argu- 
ments upoii this fl ;or. '1 hey conducted ttie elec- 
tions v.'ith regularity and order, accordir.g to 
the established laws and usages of the State. Hear 
what General VViUiams, the President of the Con- 
ventio'.i, says upon this subject, in his official 
communicsttion to the President of the U- States. 
" The Convention, says he, originated through 
primary meetings of the citizens of the .seve- 
r.d counties, in ample time to -.iflTord notice to the 
whole State. Pursuant thereto, elections kept 
open for two d!<y«, on the 5lh and fit'u iiistant 
(Dect'inhf-r) h.ave been held in all the counties 
except Monroe .nnd Macomb These elecdon'* 
were fnir, open, and conducted in all respects .sa 
our other elections ; and the returns made to the 
county boards, and canvassed as prescribed by 
the laws of the I.-Ue Territory of Michigan in simi- 
lar cases. The result has been, a decided expres- 
sion of the vo'ce of a majority of the people ap- 
probatory of the rejohiti<;n enclosed." 

Is there any doubt of this ''decided expre:,sion 
of the voice of tlie nvijnr'ty of th^^ people >" Can 
.any Senator upon this Sooi- question it ^ H.is there 
been a singl - memorial, or ev.?n a single private 
letter [ivo.luced callin;,' it in qties'ion. N-*y more, 
has a sifiijie voice been raised in .Mich'gau against 
entering the Union on tlie terms proposed .' Not 
one to our knowledg-. 

If it wer;-' necessary to plicv the f !:i m-s of Mi- 
cldgan uponotJier ground-, it mig'it be d(me witii 
great force. Suppose we were to admit t ha'- their 
proceeding-shad been irregular, ought that to ex ■ 
elude her from the Union? On this fuhject, we 
ought t'ia;t like statesmen ai~quaii)'ed wi'h the 
hii.tory of cnw own country. We ougi»l not to ap- 
ply the lii^i 1 rules of ab-tract poh'icd scien-^e 
too rigorous'y to such cases It !ia>> !)eeu our pv.ic- 
tice h-retof ae to trtat our infan* Ten-itories witii 
p irental c-tre, to nur^e th.ern wi*J) kindncs>-, and 
when they had attained the age of nrii! iiood to 
admit them into the H'-mily v.-itii-'jot requi^iv.g from 
them a rigid adheresice to f-rrrns. 'I'he (;<'eiit 



questions to be flecided are, do they contain a siif- 
fieient pcpiilatmn' have they adopted a l:e- 
piiblicaii Con'-tiliitioi)? and are they willing to 
enter the Union upon the terms ^vhich we 
prspose? If so, all the preliminary proceed- 
ings have been considered but mere f( rms 
which v.e have waived ik repea'ed instances. They 
are but the scafTnlUirg of the building-, which i-: of 
no furtiier use after tlse ee'ifice is complete. We 
have pursued tlis course in regard to Tf nnrsoee, 
to Arkansas, and even to Michigan. No Senator 
will pretend (hat llieir Tenitoria! Legislatures hsd 
any rij^Kt whatever to pass laws enabling the peo- 
ple to elect delegfttfs to a convention for the pur- 
pose of forming a State constiluiion. It was an 
act of usurpation on their part. And yet we have 
in all these instances waived this objection, and ap- 
proved the consii'u'ions thus formed. We have 
admitted Tennessee and Arkansas into the Union 
noi withstanding this obj. ction; and I trust we sliall 
pursue a similar course tow^n's Michigan e pe- 
cially as tl ere can be no donbt but what her peo- 
pie have assented to onr terms of admission. 

The cas.e of Mishouri was a very strong one. 
Congress tgiced to admit her into the Union upon 
the coi dition th;it her Legislature shoidd substan- 
tially change 3 provision in herconstiiution touchirig 
.t very delicate subject. IJnd- r her constitutic n t!ie 
Legislatun- 1 ad no po-ver lo make this cbange; 
nor colli i it have beeii i fifected witliout r. long and 
troublesome pi cccss. But Congress cut the gor- 
dian knot at once, and agrei d to accept the en- 
gagement of the Legislature as die voice of tiic 
people. We have never had any occasion to re- 
grtt this disregard of f.rms. 

The Senator from Ohio (Mr. Ewing) hss con- 
iende<l tiiai the second Michigan convention had 
no power lo assent, because t!ie first cenveiition 
which was held had refused. 

[Here Mr. Ewink di.ssented ] 

Mr. B. I understood the Senator to sta'e that 
as the tir--t conventi<.n had dissented, the power 
was spent and a seccnd could not be held. 

[Mr. EWING said he had not touched Xhh 
point ] 

Mr. B said, I should be g!ad the Senator would 
r^"st;ite his po.si'.i/>n. ~. 

[Mr EWING fiwA, he had asked whether if the 
first convention had assented to tiie condition pro- 
rosed by the act of Corigress, there would have 
been any objection to this assent, because it had 
been c;J'cd by virtue of an act of the Legislature?] 

Wr. BUCHANAN said certainly not. It never 
C'uid fare been cor.'ended that tliis act of the Le- 
gisl.Muiehad vitiated the subs' quent proceedings 
of trie convent'on. Although it was not necessary 
to give tliem validity, }et it would not destroj- 
thtm. It could neither make the case better nor 
woise I am confident it ni^jLt he demonstrated 
fh»t t!)c people of Michigan, under the act ol 
Congress, had the power to make a second tri«I, 
upon a failure of the first; but as this point lius 
not been contested iiy the Senator, 1 shall not now 
enter upen its discussion. 

I now come, Mr. Fre^^ len', »o .•■peak npon .-ub- 
jects ctmcerning wh'ci) 1 should gladly lie silent. 
The interuid conce!ns of the States shoidd never 
be introduced upon ihii Coor when it can be 



avoided; but the Senators from South Carolina 
(N!r. Calhoun) and Ohio (Mr. Morris) have thought 
difTerently, and have rendered it necessary forme 
to m-tke some observations in reply. 

First, then, I would a'^k what po'sib'e connec- 
tion can be ima/'^ined between the con.iuct of the 
Senatorial ekctcr3 of f-^arylani', who rtfused to 
execute a trust for which they were el.cted, and 
that of the people of Michigfin, who cho.se dele- 
gates lo a corvcnttcn upon the eTiprts.s invitation 
of an act of Congress? The Mai;y!ani! electors 
rerti'el to perform their duty under the Siate con- 
s<itutiop; 'lut the people of Mich'g'.n did give 
their assent to the condition which we had pre- 
scribed to them, and upon which alone they could 
enter the Union. There is as great a difference 
between the two cases, as " between a h.iwk and 
a handsaw." Standing here as a Seria'or, I have 
no rigiit to pronounce judgment upon the con- 
duct of the^e electors. They are responsible to 
the pe'iple of the State of Maryland, not to me.' 

The other Maryhnd question to whicli the Se- 
nator advert* d is tne of a veiy difiTt-ri nt charac- 
ter. It involves the decision of the important 
princi pi?, whether, under a settled fo:m of consti- 
tutional Government, the pi»op!e hav< a right to 
change that form in any o'her n.anne r than the 
mode prescribed by the constitutioi>. If I were 
to admit thatt'iiey did no' p"sses3 this power, still 
the Senator i^ as much ofa revohitioni^' ;t-, m^'self 
He admits tli.it if the Legi-latnre of ..I"-!iigan had* 
passrd a law author'zirg this convei tioUj and fix- 
ing the time and place of its meeting, th-M its pro- 
ceedings Honhl h?-.ve been regular and valid. But 
who gave the L-gislature of MicMg.inthis authori- 
ty? Is it coutfJ.neu in the constitution of the 
State? That is not pretfnded- Whence, then, 
shall we derive it' How does the Sen.tcr escape 
from this difficulty? Upon his own [.riuciples it 
would h&ve b?cn a legislative usurpati ;n; and yet 
he scys, if the L*='g'is!:iture had 3Cttd fi.s', the con- 
vention would have been htld und-r : ompetent 
auth >rity. 

Now, for my own part, I shei'.ld not have ob- 
jected to their action. It might have b en conve- 
nient, it might have been proper, for tiiem to have 
recommended a particular dry foi" holding the 
ejection of delegate.s and for the m.eetlng of the 
convention- Rut it is manifest that as a sourca of 
power to ti)e, convention, legislative action would 
have been absurd. The constitution of Michigan 
fixes the boundaries of the State. For this pur- 
pose it refers to the act cf Congress nf the 11th. 
of .Tanuary, 1 805, estiblishirg the Ten itory. How 
rnuVl t!!e.«ie boundarie'! be changed? If in no 
other manner than that presci-ibed by (he consti- 
tution of Michig^in, it would have icen H tedious 
and a troublesome process, and would have de- 
layed, for at least two years, the adi^iis-rion of the 
State into the Union. First, such an amendment 
must h;ive keen sanctioned b)- a t.f:riji,ilty of the 
Senate and House of T?epres( ntatixcM- Then it 
most have bee"! ^lublishpd for tluee months. 
Afterwards it must have r< ceived the aj probation 
of two thirds of both houjcs of a Legislature sub- 
sequently ilec'ed. Anrl, a'ter.-dl tiie.sf; r.rereqni- 
'ites, it must b.ave be^ n snl'mitted to a v('te of the 
people for tlieir latif-caU.n. It was to avoid 



fliese very (lifiiculties that ll'.e Senate, at their hit 
session, adopted, by an unii.imo'is vote, t!ie mea- 
sure whicii Ue Seuatoi- now calls revGlu!ioi)ai-y, 
mnd referred t!>e deciMon of th*? question diiectly 
to the sovereign people of Michigan in their pri- 
mary capacity. Then was the appropriate mo- 
ment for f^c Senator to have objected to this 
course . That was the occasion on which to con- 
vince us that this was an unconstitutional and 
lawless proceeding. He bufTered thf precious 
moment to escape; and it is now too late to 
tell the ptoide of .Michigan thnt they shfdi 
be punislied by an exclusion from tlie Union, be- 
cause they thought proper to take us at our word. 
That would hav<? been the time to have inserted 
an amendment in tlie bill requuing a previous act 
of the Legi?.!;ilurp, prescribing the mode of elect- 
ing the delegates. IVat the Senator was th.-n si- 
lent upon 'his subject. Therr had then been no 
proceedings in Maryland such as he now ch'.Is 
revolutionary. A word upon that subject. We 
are told ii t'iat sacred and venerated instrumfint 
which first proclaimed the rights of m'm to the 
world, th.it "all experienci hath shown that man- 
kind are m ue disponed to suffer while evils are 
sufferable, tiian to right themselves by abolishing 
the forms lo whic!i they are accustomed." But 
suppose til'-' case of a State, whose constitution, 
originally gn;d, hnd, from the Ispse of time and 
from ch.injje'^ in the population of different por- 
tions of its territory, become unequal and unjust. 
Suppose this inequality and injustice to have 
gone to such an extent "that the vital principle of 
representative republics was destroyed, wnd that 
the vote of a citizen in one county of the State 
was equivaleat to that (;f six cil'zens in nnother 
county. Suppose thit yn equal disproportion ex- 
isted between taxation and representation, and 
that, under the org.nic forms of the constitution, 
a minority could for ever control tlu; majority- 
Why, sir, even under such circumstancfs, I should 
bear wiih pv.t-ence whilst hope remained. T 
would solic't. I woul 1 urge the mii.ori y, 1 v/ould 
appeal to their sense of jus'ice, to call a conven- 
tion under the forms of the constitution, for the 
purpose of redressing these grievances; but if, at 
last, I foun.i they had determined to turn a deaf 
ear to ail my entrenti- s, I should then invoke 
the peaceable aid cf the people, in their sove- 
reign capaci'}-, to remedy these evils. Thej- are the 
sotirce of all power; they are the riginf d authors 
of all constitutions. They sre not for ever to be 
shackled by their own servants, and compelled to 
submit to evils such as I h^ve d-scnbed, by the 
refusal of their own I.,egis':ature to pass a I iw /'or 
holding a convention. Whoever denies this posi- 
tion condems the principles of the Declamtioii of 
Independence and of th.; Am'*ric><n revohition. 
There is not one of the old tliirfeen States whose 
Governmert', were not railed into t xistence upnn 
the-.e very principles. It is now too late in the 
day, in ourfavore I land, to conten 1 that the peo- 
ple cannot change their forms o* 'Ciovernmeni at 
pleasure. The glorious experiment which we 
are trying in this countiy would prove a total fai- 
lure if we sliou'd now decide that the people, in 
no situation, and un'ler no circumstances, can hold 
a convention without the previous consent of their 
own Legi»lature. It is not my^ province to jay 



wdiether the proper time ror tnis peaceful action 
ofthe sovereign people, in their pnmary capacity, 
has yet arrived, or will ever arrive, in M iryland. 
Tha' quea'ion may safely be left to them; but 1 feel 
n(^ terrors, my fancy conjures up no spectres, from 
such doctrines as I ln.ve advanced. 

I am txcecdingly sorry that another topic has 
been introduced into this debate, hy the Senator 
from Oliio, (Mr. Morris,) which, if possible, has 
still less connection wiU: the question before us 
than the recent conduct of the Senatorial electors 
of Maryland. The Senate will at once perceive 
thaf I refer to the letter of Mr. Dallas on tiie sub- 
ject of the repeal of the ba:d.: charter. I regret 
ih:it this letter has becom • the siihj: ct of debate 
here. We are abundfjitly able to settle all our 
local differences in '.^eimsylv^rua; and we are justly 
jealous of foreign interfert-nce. This is not the 
proper forum in wh'ch either to argue or decidt; 
the Pennsylvania bank questiot ; and I call upon 
the whole S -nate to bear me witness, that nothing 
but necessity compels me to Fpeak iiere of the 
subject. The letter of Mr. Dalhs has been de- 
nounced by the Senator from Ohio as "ncendiary, 
:ts revolutionary, and as calculated to excite the 
people to rise up in rcbellioii against tlie liws. 
Wou'd I not then be recreant to my own charac- 
ter if I should not raise my voice in de!ence of a 
distinguished cit zen ofiuy own State ^g;<inst such 
an uwfjunded assault? 

The letter of Mr Dalla:< has been much and 
i^reatly m srepresented. Garbled extracts from it 
h>'.ve been published thrnughout the whole coun- 
try, without the coi'te.xt: and innurner.ililc fkl^ 
com Tientaries have attributed to hini sentiments 
and opinior.s-vhoUy at war witii its general tenor, 
[n speaking upon "his subject, lam fully sen.sible 
how liable I am myself to misrcjjresentation; but 
I shall end', avor so plainly and so clearly to pre- 
.s^iU my views th^t ai le:-.st they cannot be misun- 
derstood by any person present. 

l:i the first place, then, Mr. Dallas never did as- 
sert that thft conve.ntion about to be held in Penn- 
sylvania will po.sesi any power to violat" the con- 
st'tutio:^ ofthe United Sta.es. He nev- r did main- 
tain 'he proposition thut this convention would be 
the fintd judge, and cou-d decide, in the last re- 
sort, that its own decrees were no violation of that 
Stored instrument. Why, .sir, such propositions 
would be rank nnlfmcation; and althovigh I have 
never had the pleasure of being on intima'e terms 
with Mr. Dallas, I can venture to assert thut he, in 
common with the p-nple of Pennsylvania, i* op- 
posed to thi=« political Iieresy. For my own part, I 
can ^ay, th»t however much 1 may admire the 
apostles of this new faith, theit- doctrines have never 
found a!iy favor in my eyes. No, sir; Mr. Dallas 
has expressly referred to the Suprem • Court of 
the United Sta'es as the tribunal which must 
finslly decide whether the cnnvention posscs-es the 
power to repeal tli=^ B uik charter. 

From v,'hat. we have heard on this floor, it is 
manifest that vubiic opir.iou is greatly in error as 
to the pri iciples of ihe anti bank jiarfy in Penn- 
sylvania. I profess to be a member of th?.t parly; 
and I now propose briefly to st-ile their princi- 
ples. If I should err in presenting theirs, I slul^ 
at least place my own beyond contradiction. 
The constitution of the United States declare* 



that "no State shill pass any law impairing the 

obligation of contracts." This is a nio^t wice snd 
salutary provision; mny it be perpetual! It se- 
cures the frivate rights of every citizen, and ren- 
ders priv;ite contracts inviolable. It impait.s a sa- 
cred character to our titles to real estate, stnd it 
plicc'Sthe senl ofabioUite security upon the rii^hts 
of private prcperty. 

Still tl'.e question remains, is a privilege granted 
by a St^le Legislature to a corporation for bunk- 
ing purpo.s: .s a contract, wilh.in the spirit and in- 
ttn'ioii of the constiluticn of the Uiited States? 
In otlier words, is tlie autiioriiy, whicli the Legis 
lature of P. nt)sy!vani« !::iS given to the Bani< of 
the United Stt.irs to create and circulate a paper 
currencj' (if tliirfy-five irill'^frs rf (^r.llar", irrt-voen- 
l.le by ury lumfr.n power shuit of an amen'ims.s.t 
to tl":e (eriera! coistitutiotj? My own convictions 
aie (.It?.!' thai .'uch an sot of 'egitlation is not a 
contract ur.dtr the constitotioM. U is true that 
lli's iii^imn Mit sf ctks of "c;;ntia' ts" in g:=reTa! 
ttrn ^; h'.it there is no lulf oJ coni-truct;<.n better 
.settled than ihai of re!;<rt.!r.;t.g the univi !:.:.)ity of 
gen ral words, fo as to corfiiie their npplicr.t^on 
to svich cascshs vare exciusively within the in- 
!en ioM of ihcie by w! om thty were used. li 
wcuhi be ! se'ess to enumerate in.stunces under 
this rule. Its existence will not be denied i'y 
any. ' 

li then it can be made maniQ^st, that the framers 
of thK (Miititution, by tlie use o' the word "con 
(radii " r.ivir could hf^ve intended to embrace 
the cre&tit.n of such a bank h}' a State Legisin- 
ture, then the question is decided. It would be 
an easy 1a-k for me; to prove, from the h'stoiy of 
\hh pio\isi<iii, that its object was to secure rif^hts 
sirisiig rr.-m pr vate contracts; ard that a Ssate 
!«ark chnitt r wss not within the contemplation of 
iht s- by whrm it uas inserted. Cut ! forbe.ir- 
My soh- puiposf, at present, is to state g-vneral 
principles. 

It never can be imagined that the sovereign 
S'ates, w! o are thepailir-s 1e the federal constitn- 
'ion, irteiided, by Jthis prohibition, to restr-ii i 
themselvfs fr( m ite exercise of those great and 
fsseY.tial pow' rs of Oovernniftnt which vi^aiiy af- 
fect the general interests (if the people, and the 
lav.s regvdating which must vary with the ever 
varjing- changes in society If they have been 
guilty of this absurdity, they liave acted the p.-irt 
of suicides, and have voJi'.nturily deprived them- 
selves of the power of renciering the people 
und.r tiieir charge prosperous and iiappy. 

f ti'iink, therefore, it n^ioy be stated, as a genera' 
proj o.-ition, that the con.stitntion of the United 
States, in pr<<hibiiing the L. gishitures of the res- 
pecti^e State.'? frcm passing laws to impair the ob- 
jigatinri of contracts, ntvt-r intended to prevent 
the f'tat's liom reg'.dafmg, according to their so 
Ter(-ign will jukI pleamre, the aduiinistration o! 
jvstice; tl fir own iri'ernal corrjnierce and trade; 
the asstsinie-t and collection of taTe?, the reg!;- 
lation of tl.e paper ct-rreney, and o'lier gvn- rai 
subjects of legi'dation. if tivs be true, it follow.^, 
as a necessary con.sequence, that if one I,egiblaturc 
^holdd tyrant away ;;ny of these general pou(^rs, 
either to corpon-.tiois or to individna's, ,',uch a 
grant iray be resuoied by their successors. Cpe>n 
a contrary supposition, the legislative power might 



destroy itself, and transfer its most important func- 
tions for ever to corportt'ons. In the?c general 
princ'p'i s I feci hsppy that I am sustained by the 
high autiiority of the late Chief Justice Marshall, 
in tlie celebrated Daitnonth co'(<u;e case — 4 
Wheaton, pages 627, 628, 629, and 630 

I sh;dl not consume the time of th.^ Senate in 
readirg the whole passage; but shall confine my- 
self to the conclusion at which he arrives. He 
says *• if the act of incoiporation [of Dartmouth 
college] he a grar,t of poli'ical power; if it create 
a civil institution to he employed in the administra- 
tion of the Government; or if the funds of the 
college he public property; or if the Stute of New- 
ITainpshirc, as a (Government, be alone interested 
in its transactions, the sul'Ject is one in v/hich the 
Lcfgislatore of the S'ate may set accoTeling to its 
own judgment, unrestrainr-d by any limitation of 
its pou er imposed by tise constitution of the 
United Stiites." He th»n proceetis to decide the 
case of Dartmouth co'leg.', on the princ'ple that it 
is not a public, but a private eletmosj'iiary corpo- 
ration, and tlierefore, wihin the pro'iibition con- 
taired in the constitution. 

riere, then, the principle iselistinctiy rcc."gnised» 
t'lat if a C!>rpo!;-tion cre:.ted by a Stite Legislature 
*' he a g,-rant of polit'cal power; if ii create a civil 
institu'iop. to be empiuyed in the admir:iv.r.ation of 
the Government," th.en the charter may be altered 
or repealed at plfa^rre by the State I.ei;is!ature. 
The distinct principle, clearly deduci ic i'romthis 
opinion, as well as fro:v. the nature of o:ir Govern- 
ment, is, that contracts made by a State Legisla- 
ture, whether with corporations or individuals, 
•.vliich triUK'er political puwer, and d;r-ct!y sfFect 
tl'.e general admit. i^-.tiation of Govtrnrntnt, are not 
such contracts as the constitution isite; ded to ren- 
der inviolable. In other word-;, alth ugh these 
contracts n-ay be within its general v/ords, they 
are rot within its intent and meaiiing. To declare 
that they were, would be to .say that the people 
had surrendered their dearest righ-ts into the 
l.-efping of the Legidatiuv, t) be bartered away 
for ever at th.; pleas'^re of their own servants. 
'!'his wovihd be a d>ctrine utterly .subversive of 
Stat'- rights and State sovereignty. 

1/ t me now iltu.strite these principles by a few 
examples. 

The judges of the Supreme Court of several of 
the States held their offices under the State con- 
stitu'r.ons. They have abandcneel the practice of 
a lucrative profession, and the State has enter- 
eel into a Rol'jmn contract with them, th it they 
shall hold their offices during good behavior, and 
receive a fixed annual compensation, vihich shall 
not b .• diminished during their tcim. of office. 
Here is a solemn co;. tract, founded on 'i valuable 
consideration; a;id yet in all the charg s which 
have m^ide in the constitutions of tit; different 
States, it has never, to my knowK dge, been seri- 
ously contended, that judges, under such circum- 
stances, might not b(r removed, or have the tenure 
or srdary of their office entireiy changed. This 
has been dr-ne in repeated instances. And why? 
IBecause, although this be a contract, it is one not 
of a privat-", but of a public nature. It relates 
'o the administration of juv;i ice, v/hich is one of 
the mo9l important concerns of Government; and 
the interest of the individual judge must yield to 



that of the whole community. It is therefore not 
a coiitrr.ct within the meaning of the constitution 
of tht- Uiiited States 

Again, s.ppose the L» gisktiire of a St-sfe should 
create iijiint stock company, with ac:ipital of thirty- 
five mi ions ifd; ll'.rs, anrl grant them the exc'usive 
privilege of purchasing and vending all llie cot- 
ton, thefl;(jr, ti:e iron, Uie coal, or any ot the 
other grtat staples of \he State whicli mj'.ht >-eek 
a market in their commercial metioi)oli •. VA ill 
any Senator contend that sucli a charter wonlil be 
irrevocuhi;;? Mur.t the greut a.i;ricul!unl and m:i- 
nufacttiriug interests of thw State, which may have 
thus been sacrificed by t!ie I.egislulin-e, remam 
palsied by such an odious monopoly' Certainly 
not. The nxt Legislature might refeal tho ob- 
noxioas l;iv.; because it conccned not private in- 
teres's and private properly merely, but those 
great and l.faciing interests vvhi h vitally aff'. c' the 
wh(,le people of the State. N^i one can suppose 
thtt the <:on'-tituti ;n of the United States ever in- 
tended to consecnte such a chrirte;* 

Aga'n, if the Legislature of a State s,hould trans- 
fer to a corporation, or to an ind.v idnal, for a pe- 
riod ofy-.-ars, the power of collecting Sta'e taxes, 
and thus constitute fai-mers s^eneral of the reve- 
nue, ?..< h ,s b^ en done in other countries, vvould 
not this ioe a contract, in the language of Ciiief 
Justice' XSaishaU, crtating "a civil institution to 
be eniphyed in t!ie adminiit 'a'ion of the Govern- 
ment," a; d Iherefore a "subject in which the 
Legislature of the State m*y act accord;:ig to its 
own jud:,-inent, unrestrained by anv iimi'ation ■{ 
its po-.vt r imposed by the Constiiutlou of the 
United Siites?' 

Let us pr.-ceed a step furiher. One o!' the most 
essentia- flowers and dutits ofany mo<lern G^'vern- 
ment, s ihat of regulating the paper curreMry 
within it- jurisdiction. This is emphaticaUy the 
exe:ci e <;f sovereignty, and is, in its nature, a 
high poii'.ical pow r. It is scarcely second h\ im- 
portance to the p'wer ef coining money; because 
thepaie:- circulation reorestnts the current coin. 
This poAcr is now exclusively possessfd by the 
State l.tgislatures; whether ri};htfui!y, or not, it is 
too late to inquire. By means of its exercise, 
they can ruise or they can sink the value of every 
man's propertj' in the Cfimrnunity. Th.ey c^n 
make the man who vas poor yesterday, rich t:)- 
da)'. "f'hey can elevat': or depress the price of 
the necessaries of life nnd tl-.e wages of Libor, ac- 
cording to t!ieir pleasni'i. Hy creating a redun- 
dant currenity, tiiey may deprecihte ihc value of 
money to such a de;<ies as to rnin o'lr ivu .ufrtC- 
ture.s, depress our agricuUure, and involve our peo- 
ple in riisli and demor lizing specuhtions 

What u: c have these Legislatures made of this 
sovere:g!i power.' Thc-y hare tranferred it to 
a thousand State banks; they h;>v6 yielded up 
all ctmtrol over it; and if the dwc'.rine now on- 
tended fir be correct, these banks cannot be dis- 
turbed in the ext rcise of this at'iibute of sove- 
reign pr.wer by :iny ham .n a .thority Tliey hold it 
under t'lf sacred sheW of the corsiitutioa of tlic 
United States It is now deemed a ma.ter of 
immense iioiiortarce to rcsirain the issue of small 
notes and nibstitute a specie; cir< ulation in their 
stead. Bvit the bar.ks can ly.ugh you to scorn. 
The whole power of CongL-ess, and that of all tl,e 



Legislatures of all the twenty-six States of this vast 
Ui.ion. carmot prohibit the circulation of not' s of 
a less denomination than five dolUis If this bt,- the 
case, did ever so great an abs.udty exist, upon the 
face- of the earth under the Government of any 
people-.i' Cong; ess have, by some m. an.s or other, 
lost the control over the piper C'lrrer.cy of the 
country. The States to wh'.>rfi it belongs have 
granttd It to a thousand banking corporations : 
aad aIthoui;,h the people of the Sta es may change 
and modify their fu:idamc-.nid iastinaioi.s at piea- 
iure, yet this hanking pov.'er remains unhurt 
amidst the gener.d wrtck. If this b;^ true the peo- 
ple of the Uniied States are completely at the 
mercy of these institutions, i he citaiure will 
give laws to the creator. Bsit here the great and 
wi^e j'Jdj:;e and expounder of the Con-.t.itutioii in- 
terposes for our relief. He declare s that, "if die 
act of incor[ior;ition be a grant of p;>htical power, 
tile subject is one in which the Legiiliture ofvbe 
S'tate riiay act according to its own judgment, un- 
restrained by any iiniitation oS' j's power imposed 
by Lhe Constitution of the United Suit. s." Wis!) 
doubts out what the power to r> gul tie the paper 
currency of a country is in its very nat'jre a politicid 
power .' 

From what I have said, the Senite will perceive, 
thit tiieie i-! no louiidation vshalever for the panic 
which has been exci ed iti.t the Stute iright resume 
its gra'its cf land, inight violate the rights of pri- 
vate pnpert}', cr take what he'ongs to one man 
and give it to another. The prohibition cont dned 
in the Constitution <;f the United States cie:.a!y « 
e;nbracts lh.se ca>.es 

It i« not my intention here to discu.ss either t!ie 
merii.s or demeris of th Bank of he UHitedSiates 
asrechaitefcd by I'tnnsylvania. In my opinion, a 
iar.;e majority ot'the people of that State, and ray- ^ 
St if among the number, believe tkat tiie creation of 
this vast moneyed monop .ly, wiiht!;e priv lege of 
issuing bank paper ^> ihe amotml of thirty-five 
mil!io!is of dollars, is dangerous to osr liberties, 
and to our d-jareat interests. We de.sire to try 
the question before tiie supreme judlci.ai tribunal 
oftlic- hud, vihetiier its charter is protect-d by the 
Constitution of the Ur-ited States. It will be ad- 
mhted by all, that a more important qicstioii has 
never been pi'esented ibr adjudication before any 
court. By wh;it means, then, en we raisrf this 
question fordeci-ion? We r.siwt submit in sitence, 
o- tiie chuter must be repealed either by the Le- 
giilature ov the approaching convention. I'here 
is no other alttr.nalive. Anel because we are 
an\ ous to h-.ive ll is (juestio'; '(iecdcd, by the only 
means in our power, a deafei/mg clamor has been 
raised against us, that we arc revolutionists, raui- 
culs, vi<d.itor8 of vested rights a):d ev( ry tiling 
el»e whicli is calculated to alai- .a the people. Vi'e 
wisli loascert;iin the truth of that which is taken 
for gr..i;tc 1 by our adversaries, wliether the char- 
ter is a vested right, protected by the Constitution 
of tlie United States, or not. This is the v. hole 
front of our oflfinding- Is tills not just, is it not 
■eusontdiic, is it ai'y thing but a fair appeal to the 
laws of the land? 

Diderent opinions exist in Penrsylvaia a; 'o 

whether this repeal shou'd be eifi'ctvd by the Le- 

gisl'iturc or the convention. For niy own pa""t, I 

ecidedly prefer the latter, if it can be accom- 



8 



plislucl. The convention will possess no power 
but meiel)' t'nat of proposing amendments to the 
people foriheir adoption or rejection. They can 
place ih s question before the electors distinctly, 
anrl ik-lached from all o'her amendments. Eacli 
citizen, :.t the polls, will thus be enabled to vote 
upon the single question, bank or no bank. This 
is dnc to the bank as well a'> to the people. 1 
need sc.i'cely add, that no citizen of Pennsylva- 
nia with whom I have ever conversed upon tlie 
subject, entertains a doubt ol the propriety and 
justice of r^'funding the bonus vhirh the bank 
may have paid, with interest and damages suffi- 
cient to place it in the very same situation it was 
when it received its charter. This might prf>per- 
ly be made a constituent part of the question to 
be submitted to the people 

These desirable objects could not be secured by 
me»ns of a repeal by tlie Legislature. So many 
questions both of ' a political and local character 
influ: nee the election of its members, that the 
friends of the b ink might complain that the people 
h^ri not sanctioned ih^ repeal. I would, there- 
fore, be iorry if necessity should compel us to 
adopt this alternative as the only means left of 
tr^ ing the question. 

As.^ain, should the bank appeal from the decision 
of the people of Pennsylvania in their sovreign ca- 
p:icity, to the Supreme Court of the United States, 



the question will be presented before that tribunal 
in a more solemn and imposing form than if the 
repeid should be accomplished by f<n ordinary act 
of leg'slation. The people of the Stte of Penn- 
sylvania, complaining that their legislative servants 
had despoiled them of one of the highest attributes 
of an independent Commonwealth, and had barter- 
ed away, for a periol of thirty years, the political 
power wbi':h they enjoyed of regulating the paper 
currer,cy v.-ithin their own limits, would then be the 
party on the one side; and on the other, tlie Uank 
of the Unitetl States, contending that the transfer 
of this power has been irrevocably made to it, un- 
der the sanction of the Constitution of the United 
States. Of ths result 1 entertain not the slightest 
apprehension. Shoidd it, however, be adverse, 
wliich Heaven forbid! lean tel! the Senator from 
South Carolina, (Mr. Calhoun) that we shall never 
resort to nullification as the rightful remely. 

Thus, sir, I have been drawn into a discussioH 
utterly regugoant to my own feelings. I hope I 
ran}' never qgain have occasion to allude to the 
subject on this floor. It is entirely foreign from 
the quei;tion in debate. Nothing cotdd ha. e urged 
me to make the remarks which I have done, but 
the unwarranted attack of the Senator from Ohio 
(Mr. Morris) upon the party at home vvitii which 
I am proud to act. 



Mr. BKNTON followed the Senator from Penn 
gylvania, (Mr. Buclianan) and said, he had risen 
for wbi.t m ght seem to be a very unnecessary 
purpose, th it of sustaining the positions of that 
Senator. Th'S certainly looked like a work ot 
supererogation, see ng the able, perspicuous, and 
powerful m inner in which that gf^utleman had 
sustaioed himself; and if he, Mr. B. had nothing 
but argurner.t to offer, he should not tender his aid; 
for the jirgument just delivered required no aid of 
tbnt kind. But his aid was of another kinti, that 
of juthority and prt-redent, drawn from the ven- 
erable authority of our caily history, and from tlie 
writings ando]>inions of the fathers of therepMbl.c, 
and from the approved acti >n of State Legislatures. 
In this fortn he held liimself excusable in tendering 
his aid, and should Imit InmseT almost endrely to 
the productiiiu of tlie authorities to which he had 
reference. Put before he di<! this, he must take 
leave to express his deep regret at the coui'se 
followed by Senators yesterday from Sooth Caro- 
lina and Oliio, (Mr. Calhoun and Mr. "Sorris,) in 
brniging the names of Penns\lvanin at.d Mn-yland 
into this discussion, and in animadverting upon 
the condurt <>f citizens or parties in tliose St ites 
He joined the Senator fiom Pennsylvania (Mr. 
Buchanun) in i]\e expression of his d&cp reget at 
this conrai ; a- d, like him, should avoid recrimina- 
tion, iitid should limit himself to defensive obst rva- 
tioriH in favwr of those who were assailed, without 
impugning the conduct or motives of their adver- 
sarie.sin their own Siates. 

Mr. 13. did not consider the Senate of the United 
States as a suitable place for the denunciation of 
the citizens of the States, nor for the discussion of 
State measures, State parties, or State politics. The 



high privileges of debate secured to us by th« 
constitution, and the latitude of disciiSMOr, allowed 
by our rules, were intended to protect us in the 
oiscussion of national measures, and in the investi- 
gation of those subjects and matters whicLi regu- 
larly came before us, and necessarily required our 
actioji. Acting on this conception of his duty, he 
sh'Aild follow the example of the Sen^'or from 
Peensylvania, (.Mr Buchanan.) He should abstain 
from all animadversion, or even expression of ad- 
verse opinion, upon the measures which as;itnte the 
States of Pcr.nsjlvaiiia and Maryland, lie should, 
limit himself to some defence of thos ■ who were 
so unexfiectedly dragged into this debate yester- 
day, and should endeavor to get rid of the whole 
subject as soon as possible. For one, he should 
endeavor to fini.sh at th-s sitlin;^, in order that it 
should not be known in Pein.sylv;<nia and Mary- 
land that the Sen^ite of the United States was en- 
gaged in discussing their afiairs, until it w;"is also 
known that that discussion was termina'f d 

Nominahy, and upon the record, said ft3r B this 
is a Michigan question — a question to admit the 
State of Michigan into the Union; in hct, and]in 
substance, it is now converted into a Pennsylvania, 
and a Maryland (piestion, to arrest or paralyze the 
proceedings against the United States Biiik char- 
ter in the former, and to arrest, or puralyze the 
proceedings in favor of a conventioii in the latter. 
This is the form given to it yesterday by tlie move- 
ment of the Senators from South Carolina and 
Oliio, (Mr. Calhoun and Mr. Morris;) so tiiat little 
M chigan, which had seemed to be t';e se.bject of 
discuss on before the Senate, was suddenly found 
to be nothing but the tail to the kite, dangling in 
the air below, while all eyes were fixed upon the 



imposing apparition of the two Atlantic States, ris- 
ing' and hoveiinp above. In this way, tiie young 
Michigan was suddenly eclipsed and lost sight 
©f; and the lawless and levolutionaiy move- 
ment, as it v/as styled, in Pennsylvania, 
against the sanctity of a certain charter, and 
the lawless and revolutionary movennent, as it was 
stigmatized, in Maryland, in favor of a coiivention 
of the people, became the engrossing theme of 
denuncinlion and vituperation. Greatly did Mr 
B. rejoice that the Senator from Pennsylvania 
(Mr. Buchanan) had followed no part of this un- 
happy example; that he had carefully eschewed 
all animadversion; that he had positively refused 
to take any part, or to have any share, in discussing 
State measures here; and had confined himself to 
the duties of defence imposed upon him by the 
novel and aggressive course pursued by others. 
That Senator's first care was to defer«d a gentle- 
man of his own State, Mr. Dallas, who had been 
assailed here by name: and in that he had so acted 
as to effect what he (Mr. Benton) had thought to 
be impossible; he had increased his high character 
for private worth, and had added to the exalted 
opinion entertained of the goodness of his heart, 
for tiiis generous detence was volunteered in 
favour of one with whom it was not iiis fortune to 
be on terms of intimacy. He showed tlie injustice 
done to that gentlem.iu by attributing to his letter 
meanings which did not belong to it, and drawing 
inferences; as foreign to his character as they were 
to his writing. I!e, Mr. B. had read that letter, 
but not ^ince it had been the subject of animadver- 
sion; and it ni'ght be that his knowledge of the 
amiable character, purity of he..rt and purpose, 
and modesty of deportment of the writer, had pre- 
vented him from so scanning his words as to be 
able to find the deep mischief which they conceal- 
ed; f jr certainly he had not seen the anarchical 
spirit aitrijuted to it. In many things he agreed 
with him, especially in that much related to vested 
rights; in some things he did not; but where he did 
not agree, it was still the disagreement which left 
nnimpeached the high character fur puldic and pri- 
vate werth which Mr. Dillas brought with him, as 
a Senator from Pennsylvania, to this chamber, and 
carried tuck w.th him from this chamber to Penn- 
sylvania 

Mr. R. then refeiTed to Mr. Madison's writings. 
No. 44, of the Federalist, to sustain the opinion 
of the Senator from Pennsylvania, (_Mr. Bu- 
chanan,) on the naiwre of the contr.'icts which the 
clause in the constitution of the Unived States was 
intended to guard. He said, it would b« seen 
that Mr. Madison confined this clause entirely to 
prirale rights and iptrsonal security! and thit not a 
worii of what lie said could be extended to char- 
tered privileges, the granting of which had been 
twice refused in t'le convention which framtdthe 
constitution, and the"preservation of which, there- 
fore, could not come within the meaning of that 
instrument. Remarking upon the claiise in the 
constitution, which prohibits the States, among 
other things, from passing any law impairing tht 
obligations of contracts, Mr. M. says: 

"Veiy properly, therefore, have the convention 
added this constitutional bulwark in favor of per- 
sonal security And private rights,- and I am much 
deceived if they have not, in so doing, as faithfully 



consulted the genuine sentiments as the undoubted 
interests of their constituents. The sober people 
of America are weary of the finctualing pohey 
which has directed the public councils. They 
have seen, with rt gret and indignation, that sud- 
den changes and /f-j^/s/«/ij;e interferences, in cases 
afiecting /jersonai rights, htcovRQ jobs '\n the hands 
of enterprising and injiuenlial speculators, and 
snares to the more industrious and less informed 
part of the community." 

With this exposition from Mr. Madison, Mr. B. 
would submit that chartered privileges, although 
they might be sold for money, constitute no part 
of the contracts, the inviolability of whxh are 
guaranteed by the constitution of the United 
States; and while this is pLiin upon the liice of the 
words used in the Federalist, namely, " private 
rights," "personal r'ghts," " personal .set urity," 
it is still further confirmed by the words which 
follow, and which show that the clause, so far from 
being intended to secure enterprising jobbers and 
influential speculators in their ill-gotten advantages, 
was really intended to protect the industrious and 
less informed part of the community ag*iinst their le- 
gislative machinations. Finally, and in full proof 
that the clause could have no relation to mcorpo- 
rations and bank charters, is proved by the fact, 
that the feder.i! convention, which framed the con- 
stitution, twice refused to grant the incorporating 
power to Congress, and consequently ciinnot be 
construed to protect the existence of a thing 
which it twice refused to crt, ate. 

Mr. B. said, this was the exposition of one of 
the fathers of the Constitution, made beK.'re that 
instrument was adopted by the States. There had 
been many expositions of it since, both legislative 
and judicial; and out of ths multitude Mr. B. 
would select one, which, in all the essentials of 
time, pl;<ce, subject, actors, snd action, would 
claim a pre-eminent and omnipotent voi.,e in this 
Pennsj,lvania question, so unexpectedly thrust in 
upon us here, and so vehemetitly plead on this 
floor in behalf of a certain bank against the le- 
gislative and conventional power of the State. 
Mr. B. then sent to the Secretary's table a volume 
of the Statutes of Kentucky for the year 1820, 
and requested that the Secretary sliould read an 
act which he pointed out to him. The Secretary 
read : 

" An act to repeal the act entitled ' An act es- 
tablishing ind>'pendent banks ,in this Common- 
wealth,' and an act supplemental thereto." Ap- 
proved, February 10, 1820 

*'PuEAMBLE. — Whereas, in ths tenth article of 
the constitution of Kentucky, it is declared: First, 
That all freemen, when they form a social com- 
pact, are equal; and tli.'Ht no man, or set of men, 
are entitled to exclusive, separate, public emolu- 
ments or privileges from the community, but in 
consifleration of pt:blic services: And secondly, 
that all power is inherent in thep?i;pl;; and all 
free Governments are founded on their authority, 
i\i)d instituted for their peace, safely, and hippi- 
iiesJ. And whereas, it is self-evident, according 
to those fundamental principles of govenunent, 
that all laws which grant to a few the power to 
oppress the many, are tyrannical in their nature, 
and adverse to the primitive rights of the people; 
and, therefore, repealable by the supreme au« _ 



10 



thorily. To say that a sale of the primitive rights 
of the people, by the Legislature, is to be per- 
petual, !.nd up.aUerable, because there is a contract 
in the c;ise, is to deciare that error, and abuse of 
power, may conseci'tiie themselves. Fraud vi- 
tiates all roiitviicts. To efTtct the intention of the 
parties, is the object of fill laws regulatin;? c-n- 
tracts. That a privilege granted shall be used for 
the destruction, or even to the disadvantage, of 
those who granted, never covdd be the inten ion 
of the parties. Ali legislative power is dtsrivative, 
procecdi from the people, and is to be used for 
their prcs;>f rity and happiness only ; cons; quent- 
ly, all laws of a contrary tendency violate the in- 
tention of the social compact, and arc subject, 
upon fiist principles, to t!ic condition cf being re- 
pealer), whether the evil springs 'rom the naurs I 
of the piivikge granted, or contract entered into, ! 
or from ilie lihuse of either. A bank charter, I 
from its nature, extends and'recessarily confines ' 
the po'A ers and privileges granted to a few, to the | 
exclusl: :i of 'he m:iny". It th.ercfore fjllows, as I 
an unavoidiible conclusion, that if the p;)wer and j 
privileges granted in a bank charter operate 
against the pub'ic good, the people, by their ! 
LegishMire, have the primitive riglit to revoke : 
si?ch a charter. Toihetnd, therefore, that the | 
good people oi' this State be delivered in future | 
from the baneful efFects of the power and privi- \ 
le£,es granted by the lav-' establishing itidependent ; 
banks, vhirh hare hefn exercised in many in- I 
stances, -n the pler^itt-de of tyramiy, oppression, I 
and abi,;,-, to the gi\at injury of the £>;ood people ■ 
of this State." 5 p 1 

When the Secretary had read to the end of 
the preamble, he i;aused and iitqoired whether 1 
the reading of the act itself was desired? Mr. I 
B. .answ' r-d, by all means. The preamble is j 
good, £i..l ihe act is better. It shows hov/ the re- i 
pubHcHf<? of Kentucky dispose of vested rights i 
in r.hait- red privileges, unci bonus c^-ntracts for! 
oppres;;-ng- a State with banks and hew ccmpen- j 
diously they teach pres'denis and directfn-s of | 
b-anks (•; -.uhmit to the laws of t'.ie bnd, or to | 
take the Hr.es and forfeitures which lesistanre to 
the laws imposes upon insurgent ar.d refractory; 
spirits. It presents an autlioriiy ,iud example i 
which the friends of the Bank of the United ' 
Slates aie hound to respect, and which may re- { 
quire ali iheir ingenuity to answer on this floor, ' 
or elsewhere. 

The Secretary then rt>.d tlie act: I 

" Sf.c . 1st.— iJtf if e.nodul by f/,e Gemral Jlisfm- I 
% fj ihe Coinmonive Ith of Kentncl^y, That all 1 
pov/er, righ% or privilejr-?-, granted to the corpora- j 
tions e.stP.*di&!Kxl by an act enticed '« An act es'ab- | 
lishing independent hanks in thisComionwe.dth," I 
approvfd J: Huary 26th, 1818, and an act en'.itled 
'•Anae! si!p;)lemental to the act establi'ld'^g in i 
dependeit banks in th's Conr,monv.'eal'h," ap- j 
proved February 3 J, 1818, to deal and trade in I 
discoun's bills of Gxrhange, or current money, or 
to issue n.ites or bills of credit, payable to bearer 
or othetwise, shall he, and the same are her^-by re- 
pealed and revoked, from and after the fir»t day 
of May next; and all other power, rights, and pri- 
vileges granted to said cirporatiois in said recited 
acts, are hereby repealed and revoked from and 
after the first day of January, 1823. 



" SsG. 2d. — Be it further enacted. That any per- 
son or persons who may act as a president, direct- 
or, or any otl'.er cfHcer of any independent bank 
in this State, cootrary to the provisions of this act, 
shall be subject to .nil the penalties, fines, and for- 
feitures, imposed by ati act entitled " An act to 
suppress private associations for the pucpoje of 
banking," approved February 8th, 1812; which 
per.alties, fines and forfeitures maj', and s-hall be, 
imposed, recovered, collected, and distributed, ac- 
cording to the provisions of the said last recited 
act. 

Sic. "d—Be it further enacted. That the bonus 
required from t!ie independent liar.ks for the pri- 
vilege of banking for the je.".r 1820, shall \>s, and 
the same is hereby remitted. 

" Sec 4th — Be it further enacte/f, That so much 
of the act to incorporate Saunders's Manufacturing 
Company, whifdi passed the 31st of January, 1818, 
and the supplemrntal act thereto, approved 
February 3d, 1818; which gives the s^id company 
banking privileges, shall be, and the same is hereby 
repeided; and the second secllon of this act i-s 
hereby made applicable to the perj;o.ns who may 
hwe tiie management of the said manufacturing 
institution." 

Mr. B. saidj^that t!)is preamble and act taken 
togetlier were both the declaration and the action 
of the Legislature of one of the principd States \n 
the Union; a State fertile in mauy ways, and ia 
none more so than in the proeluction of able and 
patriotic men. A Legislature of tliat State, in our 
own day, and in our own time, and composed of 
many ]5ersons now living and acting, swe[)t ofl^ a 
litter 'if banks at one- blow, v ith the ba 'iking privi- 
leges of Lewis Saunders's cotton bagg'ng factory 
to boot, even after they hid been two years ia 
operation, maugre all their cries about the bonus 
and the contract; and did so, not by virtue of re- 
served powers in charters, but by virtue of in- 
herent an;! unalienable rights in the body politic- 
M. B. said, he was cotemporary with tliis great 
act — this magna charta of the Kentucky Legisla. 
ture. He remembered its passage, and the satis- 
faction wd;ich it gave to tiie State, and to the sur- 
rour.ding Stages, and t» tiie whole Union. He re- 
membered more*, and that was the applause then 
bestowed upon this act of the Kentucky I>egisla- 
ture by presses, periodicals, newspapers, and regis- 
ters, which are now foremost i'l elenouncing citi- 
zens of Pennsylvana for i rKposin;:; to imitate it in 
a rase where alien foreigners, more tiian native 
citizens, are concerned, and where the reasons 
for acting are many ten thousand timts greater 
than in the case of the Independent Banks, and 
Lewis Saunders's banking cotton bagging fac- 
t<jry. He recollected also that the doctrine of 
Vested rights w.as then invoked by the stockhold- 
er? in tl'e hecatomb of banks which were sub- 
iec'ed to the edg of the stcrificid knife; and that 
their invocation shared the same fite which the 
cLim of the midnight judges of 1800 suffered 
when they claimed their seats and salaries as vested 
lights; the sa:-oe fate which the tenants in tail, and 
some of the eldest sons suffered, about the time ctf 
our revohition, when en'iils were abolished, and 
the insolent pi'erogative of primogeniture, as Mr. 
I Gibbon called it, was suppressed by law; the 
I same fate which the frienels of feudal rights suf- 



11 



fered in France in 1789, when Lafayette moved, I 
in the Assembly of Notables, the entire suppression 
of all those jif^hfs; the same fate which a clergy, 
loaded v;ith the propfrty of this world, sufiTereJ 
in Eii.^land, when ali the sialvites called mon'miuf/ 
were passed. In all these case?, ns well as in the 
case of the indep ndent banks, and Mr. P'aunr'ers's 
hajc factory bank, and the present United States 
Bank of Pe,nnsylv.ania, the plea of vested rights 
was pre:;scd iiito the service; but it hippensd 
to be addressed to tho-.e who c^uld d'scrin.inate 
between the rights of property, which the pnbl'c 
good requ'res to ije held ^acred and inviolate, and 
the pretensions of privilege, which the i«ame pub- 
lic goa:l requires to be examined an ) controlled. 
Til •■ argumen's now .set up against the repealahi- 
lity of chartered privileges is nothing but the same 
plea set up in ail ages, and in rIi countries, in fa- 
vor of similar privileges; r.nd Mr. P. m ist b" al- 
lowed to say, that there is no co.nparison between 
the style and composition of tho^e arguments :is 
used in Engl'ind an;'. France, and also m the U;ii- 
ted ."States, on former occasions, and a« u^e.d here 
now. The ndvcicates for vested rights, that is, 
chartered privileges, in these d'*y^, do li'tle more 
than shout! or, at best, i:idite a paragraph, p-rt 
and flippant, coarse and trite, or heavy and du 1! 
whereas the (dd advocates compo;cd elegmt an', 
icliolar-iike dissertations; and he would advi-se 
their follo',ver.s, in these days, to hunt up their 
speeches and essays, anl copy thei"" .style; and at 
least give us bart doctrines in good largnage. 

Mr. B. with as much rehictance as l;e-}i.ad felt 
in adverting to Pennsylvrm'a aff ir-:, must now 
advert to the ^Jarvlan.l branch of this question. 
!t seems that there is a movement in Maryland to 
organize a conven*ion, by the inherent anl una- 
lienable rights of ihe people, and v/ithont a legis- 
lative act, to alter and change the constitution of 
the State The convention held in Michigan i? 
one of this kind, and, theref )re, the recognition of 
an a':t done by that convention ia resiste'l on this 
flnnr by t';e friends of the antj. convention party in 
Ma!'ylan;l, for fear it may operate in '"avor of the 
fonventiiin party in that State. Tlfn is the v.'.iy 
t!)at Marykn 1 politics are lugged into tiiis debate, 
and made p^vt of this disctission, Mr. B. saifl he 
had often seen gentlemen argu^ oiie qu^^stion 
with an eye to another, but, usually, with the 
delicacy of not lugging in, by name, th's 
otiier question, which had no place upon the 
recoi'd. But this delicacy ha^ not be-'n ob- 
serve! upoa this occasion ?.Iich'gan alone is 
in the record before us; yet Pennsvlvan'a h is been 
dr.igged in by name; M.iryland has been dragged 
inbynuTie", and not only .dragged in, but made 
th^ princip-^l subject ofdebat-, and the most furl- 
ous dentinciations levelled at n portion of their citi- 
zens. Tlie advocit^^s for the ^^a'-yland c inven- 
tion are, not incidentally and by way of inuen 1", 
lasiicdr.nd scourged liere while l.ishing and s-^oiirg 
in,.,' the Michigan Convention, but thev are singled 
out, seized tipon, and dragge.I forcibly and vi.T- 
lentJy into this chamber; and then denounced in 
such s*yle that, no d >ubt-, the question of the M>.- 
ryUn.l Convention is cnnsidere'l a", completely 
cruslied by th? force which ass lils it here. Be it 
so, said Mr. B. if the people of sovereign States 
are willing to^ have their affairs governed by de- 



nunciation here. It will certainly be a one sided 
gameon this floor; for it was minifcist that there 
was one party at least here wh > would not 
attack the impe.v^ing measure < of any State,, 
uir aliack "die conaucL or motivv^s of the 
citizens of any State, in a'^'ing as they 
pleased on what concerned tliem^elves; there 
was o■^e party, at least, here who would 
li.T.it themselvss to the just deftuce of the 
absent r.nd tlie assailed. The Maryland Conven- 
tion paKy, then, is ftrrnigned and condemned here 
fc- proposing to d® v/hat Michigan has done; and 
the act of Michigan must be stamped widi reproba- 
tion bv Congress lest it become a preceJent, sanc- 
tioned by ih.'^ approbation of Congress, for the 
pi?tificaiion of the Convention party in Maryland. 
This is the state of the question before us; and 
.Mr. B. woukl imme Hately proceed to vindicate, 
r.ot by an argument of his owi\ but by example 
.authority and preced^^nt,drawn from car early histo- 
ry, and from the writings of the foumlers of the 
Republic, and others which claimed re'^pect, the 
act '^.irich Michii;'an has done, and which a party 
in Marylanl prop^.fes to do Mr. B. then read 
and ct)mmentedbrltflly upon several passages from 
the writings of Mr. Midison, Judge Wilson of 
Pennsylv.'inia, General Hamilton and .lu'.lge Story 
in iiis Commentaries on the Constitution. Mr. Mad- 
dison, speaking (sf the alleged defect of powers in 
tb" Convention of 1787, which farmed the Fed- 
eral Const'tution, says : 

"They, (the members of the convention,) must 
have reflected, t';at in all great chang.'s of esta- 
blished Governm ntc, forms ought to give way Xa 
«ub.tance; that a rigid adher-nc=; in sue i cases to 
the forni-'r, would Venler nominal uid nugatory 
the trans-endent and precious right of the people 
to 'abolish or alter th's Government a.s to them 
shall seem mos^ likely to effect their safety and 
riipnm.'ss,' sin^-e it is impossible tor t'se peop.e 
spnn'aneo'usly and universally to move in concer 
tov/ard'! their object; audit is therefore essentinl 
that such changes be instituted by s^m^ informal 
and ttnaufhonzeilproposi'ion% made by some patrio- 
ti-, and respectable citiz'-n, or number ot citizens. 
They must have recollected, that it was by this'ir» 
rep-ular and assum-d privilege of proposing to the 
p-ople plans for their safety- and hipr-uiess, that 
the St>t3s were first united against tiie danger with 
which they were threstened by their .uicient Go- 
vernment' that committees and C-ngresses were 
formed for concentrating their efi'oi'ts, and de- 
fending their rights, and tliat conventions were 
eJfxte'lm •he uPwnlSla'es for establisliingthe con- 
stitutions under which ihey are no-v governed. 
Nor cnu/d it haoe been fn-;yottm Ihat no little ill- 
limed scruples, no zeal for adr,enii:>; /•> ordinary 
fir-m^, ivere any where fce-x, except in those who 
w'she.d to indids:e, under these maskf, f'>eir secret 
enmifi/ to the substance cjntmded for."— Federalist, 
No. 40. 

Here (said Mr. B.) the authority of the people, 
in their original sovereign capacliy to abolish, 
alter, and ct.ange their form of Government, is 
fully and expres'sly set foith. The w.int of a le- 
gislative audjority to guide or direct them is direct- 
ly waived; and some patriotic and respectable 
citizen or citizens are looked to, to commence the 
informal and unauthorized propositions which ate 



Iti 



to lead to a convention, and to end in the adoption 
of fundatiienial chanjjes 

Such citizens are n(jt coiisiciered by Mr. Madison 
asanarclil-vs disorganizers, disturbeis of the pence, 
despoilers of propt-rty, &c.; but as public bene- 
factors, pvuinpted by patriotism lo take the leadin 
a work of public good and necessity. Mr. B. par- 
ticularly 111, ted, and lead twice over, the conclud- 
ing senten'-e in tliia extract from Mr. Madison 
He said t!)a! Mr. M. was one of tlie mdst careful 
ZBcn in abstaining irom ptisonali'^^ies and the inn- 
putation lit liiotives; but here was a keen cut, and 
a home thru:,t, at the old lories oi'the revolution — 
King Gctr^;-!" the I'hii-d's men, the co.servalives 
of fifty years aj^o, who were indulging' their secret 
enmity to the real rif:C''ts of the people, uwder 
the misk of zeal for adhering to forms, and con- 
scientious scruples against acting withoutauihority. 
Mr. B. c()!itiiiued his readings: 
Extracts from the works of Junes Wilson of Penn- 
sylvania, formerly Associate Jitslice of the Supreme 

Court if the United Sluten. 

" Permit me to mention one great principle, the 
mtal priiicple I may well call it, which diffuses 
animation uud vigor through all the others. Ttie 
principle i m an is this, that flie supreme or sove- 
reign power i-f the society resides in the citizens 
at large; sn-1 ti.at, therefore, tliey always retain 
the right of abolishing, altering, or amending 
ihis constitution, at whatever time, and in what- 
ever maiiiier, they shall deem it expedient." — 
Vol. 1, pa^e 17. 

" Wliy should we not teach our children those 
principles upon which we ourseives have thought 
and acted? Ought we to iastil into their tender 
minds a th oiy, especially if unfounded, which is 
contradict'. ry to our own practice, built on the 
most sol:d foundution? Why should we reduce 
them to th-! cruel dilemma of condemning either 
those principles they have been taught to believe, 
or those persons whom they have been taught to 
revere.^" — \'ol. 1, page 20. 

_" As to the ptople, however, in whom the sove- 
reign powt r resides: from their authority the 
constitution originates; for their safety and felicity 
at is estab'.ishe.l: in their hands it is as clay in the 
hands of the potter: they have the tight to'mould, 
to preserve, to improve, to refine, and to finish it 
as they phase. If so, can it be doubted thai ihey 
have the right likewise to change it? — Vol, 1, page 
418. 

General Hamilton, vindicating the convention 
of 1787, v,hich omitted to [irefix to the Federal 
Constitution a Bill of Rights, says: 

"It isevide.it, therefore, according to this (Bill 
of Rights ) primitive signification, they have no 
application to constitutions professedly founded 
upon the power of the people, and ex- cuted by 
their immediate representatives and servants. 
Here, in srrictness, the people surrender nothing: 
and as thty retain every thing, they line no need 
of partic'ilar reservations." — FcdtralisI, No. 84. 

Judge Stoiy, speaking of the Declaration of In- 
dependenc ', says: 

**It was not an act done by the State Govern- 
ments then organized, r.or by persons chosen by 
them. It was empliatically the act of the whole 
peo;)/e of the united colonies, by the instrumentali- 
ty of their representatives, chosen for that, among 



I other purposes. It was an act not competent t® 
the State Governments, or any of them, as orga- 
nized under their charters, to adopt. Those cliar- 
ters neither contemplate I the case, nor provided 
for it. It was an a.~t of original, inhi.rent sove- 
I reignty by the people themselves; resulting from 
their right to diange the form of Government, and 
to institute a new Government, whenever necssa 
ry for their safely and happiness." — Sloy^a Com- 
mentaries on the Constitution, vol 1, pai^e 193. 

Judge Story, commenting on the origin and 
proceedings of tiie convention which formed the 
first Gt-neral Government for the Colonies, say-: 

" In some of the Leg slatures of the Colonies, 
which were then in session, delegites were ap- 
point! d by the popular, or represehtaiive branch; 
and in other cases they were appointed by con 
ventions of the people in the colonies. Tne con- 
vt ntion of delegate"* assembled on the 4th of Sep- 
tember, 1774; and, having chosen oliicers, Hiey 
adoped certt.in fundamental rules lor their pro- 
ceedings. 

*' Thus was organized, under the auspices, and 
with the consent of the people, aciing directly ia 
their primary, si>v«Teig'n capacity, and without 
the intervention of the fimctionarics to whom the 
ordinarv powers of Government were dehegited in 
the col«nies, the iitst General or National Govern- 
ment. 

"The Congress thus assembled e.Kercised, de 
facto and de Jure, a sovereign authority ; not as the 
delegated agents of the Governm; nt de facte of 
the colonies, but in virtue of originil powers d«- 
rived from the people " — Stcry's Commentaries on 
the Constitutio'i, vol. 1, pp. 185, 186. 

Having read these extracts, Mr. B. forbore to 
make any comments upon th-^m, barely remarking 
that they we'e purposely taken from difl'ereiit 
political schools, to show that those who differed 
fundamentally on so many point."?, yet agrco-d per- 
fectly on this most fundamental of all points, 
namely, the inherent and unalienable right of the 
people to rv.eet in convention of their own mere 
will and mction, and chang-^ their form of go- 
vernment at their pleasure. He would next 
show that this gre^it right was acted upon in th« 
formalioM of the present Constitution of the United 
States, and that this Constitution owes ali iis force 
t» the voluntary -action of conventions springing 
from tile people, not under the authority, but 
merely under the recommend di on of the State 
Legislatures. Premising', what every person knew, 
that the deputirs to the feder<l convention of 
1787, were appointed to revise the articles of 
conftderatio-i, and not to frame a new Govern- 
ment, Mr. B. procet" ded to read the first resolu 
tien of the convention in commu'iicaling their 
v.'ork to the Congress of the confederation, and re- 
questing the Congress to lay it before the State 
Legis!;iturfs, with a request that they would re- 
commend it to the a 'option of the people of the 
States in their conventions. He read: 

" Rfsolvrd, That the preceding constitution be 
lail before the United States in Congress assem- 
bled, and that it is the opinion of this convention 
th^t '' -iiould .afterwards be submitted to the con- 
veniioii of del gattss chosen in each Slate by the 
people thereof, under the recommendation of its Le- 
gislature, for their assent and ratification," &c. 



13 



Here, said Mr. B. this great convention of 
1787, knowing that they ha 1 no power to eive or 
gate because he wa« not a freeholder within the 
Commonwesllh of Virginia, the report was that 
ths petition be r'jtded. All these reports of the 
ComiTiittee on Privileges! and E'ections, Mr. B. 
said, eierc confirmed by the convention; and the 
tetior of their who'e proctcedings shows that they 
were acting in the high capacity of representing 
tud soverci^Tity of the people, and did v;hat was 
s^atis'acory to themselves, and not what m ght be 
conformable to tiie laws and fonsliiiition of Virgi 
tii.i. In fac', said Mr. B the mere composition of 
every convention proves that they are indepen- 
dent of the laws and crn^titntion of the State; for 
judges, Governors, and all officers of the State or 
Federal Government, may be members 

Mr. B. having shown, from the opinions of the 
most eminent m^n, wnd from examples of the 
liigl^est character, that conventions were indepen- 
dent of State legislation, demanded how it was 
that State Legi-IaUin s assiuned to have power to 
grant or wit' huld them? He wished to see their 
grant for tiisr exercise of this authority^ He wished 
to see how it w-sthat they who were servants, and 
dressed up in a little brief authoiity, urderfook 
to gOTcrn and direct the people in the exercise of 
an inherc't and ur.alienable right' They ci nld 
i:ot get this autlioi'ity from the people, for it as- 
sumed a su])remacy ovr r the people. There was 
hut one \'.My to dcdnce their title; aiul that was 
through Divine right! and by the grace of God! 
Any thing sliort of this acknowledges the sove- 
reignty of the ])2ople, and puts an end to 
the pretersion; so that a Legislature which 
should now assume to authorize the people 
to hold a convention, if put to a dLrivation of 
their own antb.irlty, would have to adopt the 
style of those Kings of Europe, who hold that 
God has put the people into their care, and en- 
dowed them with al! autho'ity for their protection 
and preservation. A legislative advice, counsel, 
or recommendation to the people to hold a con- 
vention, and an approprla'ion cf money to dcrfray 
its expenses, is certainly a convenience, but it is 
!iot a pre requisite; and conventions to ciiange the 
form of Ouvcmmpnt may be held by the peoj^le 
when tha}' please; takirg care ta siibniit their 
work to a direct vote of the peop!.' t'lemselvs's, 
or to a new convention elected for the express 
purpoje of approval or rejection, as was done in 
the ca^eof the constitution of the United Sttte;!; 
and thu-5 maklr.g sure of the approbation of a 
majority of the people before t!ie new constitu- 
tion is put in force. 

Mr. B. had now finished I is view of this qnes- 
lion, and woul.i rrtik" a brl' f ap))!ication of the 
V h'.le to the case of M ichljran. The people there 
had held a convenlio ;, by their own j)owar, to ac- 
c.-ptafundamemai cr.pd.tion cfthoir admiss on into 
the Union. Tley have acceptid the con.litlon; 
KTid the chjtction is, that the convention was a 
lawltsE and rcvohitionary nv b, and that law ought 
to be made to suppress and pnnish sue!) a.ssem- 
b'ages in future- Mr. !5. 'i.ou!d hold a pI•opo.^i- 
lion for such a law to be the quintessence, ij.it of 
Furonean, hut of AMitc fiespoiism; aii<l .'ure i,<- 

; ^, it wcul 1 veceivi; nv coi'tite naiiCu- h.y t!>e vote 
this chamber. In saying this, hi spoke upon 



a recollection of the past, as well as upon a view 
grant a constitution to the people o/ t!ie States, 
merely express their opinion that it ought to be 
submitted to them; and knowing that the State 
Legislatures had' no authority to order conven- 
tions, they merely requested tlii.t tht y would re- 
r.iimmtnd them; and knowing fnrthf^r, that the 
sovef-eign power was in the people, they used the 
wordpeople in preference to that of citizens, quali- 
ficd voters, fre»"hcider>;, tas paye?jp, or ixuy thing" 
else which might imply a convention n'lt spring- 
ing from the sovereign power of the people, but 
governed by existing laws and constiiiiiions. 

Mr. B. then traced the mode of acting under this 
recommendation by the States, and took the con- 
vention of Virginia as the one which would per- 
haps be admitted to be of the highest auih >rity in 
this case. He showed Ih^t the General Assembly 
ot Virginia first pa sed a 'resoAitjon," by which 
they " r( commended" the people to hold i coave-u 
tion, and nfxt passed an act " conceniin/:^'" the con- 
venion, and providing for its accommodation, but 
assuming no authirity over it. He then referred 
to the proceedmgji of the convention, to show that 
they had met according to t'le recomiuendation of 
the General Assembly, and that they deci-led the 
important questions connected with the qualifica- 
tions and elect ons of the delegates according to 
what w .s satisfactory to themselves as acting in their 
sovereign rep^e^entative capacity, and -lot as ac- 
conilng to the lav/s and constitution of ilie State, as 
if created by their authority. The history of their 
proceedings opers thus: 

"In co'ivention, Monday, the 2d of June, 1788. 
This being the day rec«r<i?rtfnA</ t>y the Legisla- 
ture for the meeting of the convent! m, to take 
into consideration the proposed plan of the Fede- * 
r.4 Government, a majority of the gentlemen dele- ^ 
g.<ted 1 hereto assetniiled at the public buildings in 
Riclinrlond," &c. 

The first act of the convention, »fter orcfanizing 
it'-elf, was to Mpfjoint a Committee of I'rivilegea 
and Elections; and a most numerous, tal nted, ind 
important committee it was. It coiisisted of 
twenty eight m< mSers, ^mong whom v/ere the 
first names of Virginia and of America: lienjamin 
H-irri.soii, Patrick Henry, George Mason. Governor 
Randolph, JoiiU Mar>hall, James Men rje, James 
Madison, George Nicholas, I'aul C '.irincton, and 
others scarcely less dist ngui^hed The business of 
this comr.;iltee was to pass upon the valid'ty of the 
elections, and to decide bet« ef n coi'ten.iling par- 
ties for the sami- seat;and the words i'l which they , 
mnke thtir reports, t^eevilenca wliich they re- ' 
eeived in contested cases, and the disr-eard v/ith 
whit h they passed over Ic^^al and con-t.tntional 
qualific?.tion^, all prove that the convent:),! judged 
ror the mselve.^, in their high capacity of r j-.resenta- 
tives (if the sovereign people, aiul independently 
of the lawii and constitution of Virginia. The 
words used with respect to the returns of delo 
gates are, not that they are found duly elected, ov 
legally ( leoted, but that they are "satisfac/ory,-** 
the evid'r-r.co received where certificates of elec- 
lion were not [rolucd, "'.re stati^meiits of citi- 
zens vvlio s-ild tlKy \v< le at tie election, and heard 
the sheriff proclaim such and such cmdidates 
ejected; and, in tbe ca5e of qual'fication, where a 
p- tition was prese!:ited to vacate the seat of a ddft- 



14 



of the present. At the last session of Congress 
all this denunciation of lawless and revolutionary 
mobs had been lavished upon the conven- 
tions, both of Arkansas and Michigan, be- 
cause, bcins; Territories, they had held con- 
▼entions, and fr;inied constitutions, witiiout the 
authority of Congress. Our answer to these de- 
nunciations vi'ere the sanio that we give now, 
namely, 1. Tiiat tliey had a right to do so with 
out our autliority, and allthat we could require 
was, that they should send us their constitutions, 
that we miglit see they were republican; and 
2. Thai the ;e Territories had sveral times applied 
to Congress for an act to regii!.i'e the holding of 
their conventions, which were always refused by 
the political party vviiich then held the supremacy 
to this chamber, and that to refuse them an act to 
regulate tlie holding of a convention when they 
asked for it, and tlicn to denounce them for hold- 
ing a convention without law, was unreasonable 
and contradictory, and subjected ourselves to the 
reproacii bo'di of injustice and inconsistency. 
These were our answers then; and we added, 
that those who denounced the Arkansas and 
Michigan convention for lawless and revolutionary 
mobs, would find themselves unsupported by the 
vote of t^ie Senate! which turned out to be the 



fact, for tiie negative vote was exceedingly smatlt 
and, Mr. B. would add, that the result would be 
the same now; and that, after all this denuncia- 
tion of the convention in Michigan, the couventioa 
party in M.-try'and, and the disorganizini? party in 
Pennsyivania, the vote would be about as it was 
.-.t the last, session, exceedingly small, and entirely 
loo inconsiderable to give any countenance to 
their denunciations. " 

Mr. H. concluded by expressing' tiie hope 
that the Senate would not a Ijourn until it fin- 
ished tl'.is question. It was due to Pennsylvania 
::nd Mar} land that we should stop a debate in 
which tiuir concerns were improptriy introduced; 
and it was luiie to Nilicliigan herself that she should 
he relieved from this .iltendance at our doors. 
She has been debarred of her rights for years; she 
is a State, \f not a State of the Confederacy; siie has 
a light to be admitted, and the admission of a State 
is a question of that dignity to be entitled, not only 
to a -speedy decision, but to a preference over 
all other quei^tions until it was decide;!. lie re- 
peated, what he had said some days before, th it 
he had come with his clonk to camp on this 
i floor until the vote was t»ken; and, that being 
j his idea of wh it all ought to do, he woulJ not 
I consume time by speaking. 



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